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UConn BLAW 3175 - PPT chapter 5

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Slide 1TortExample: Tort or CrimeIntentional vs. Unintentional TortsBattery and AssaultDefamationElements of DefamationInjury in Defamation CasesDefamation - DefensesDefamation ExampleFalse ImprisonmentFalse Imprisonment ExampleIntentional Infliction of Emotional DistressDamagesTortious Interference with a ContractCommercial ExploitationINTENTIONAL TORTS AND BUSINESS TORTSChapter 51/14/19 Dr. Gerlinde Berger-Walliser1Tort•A tort is a “wrong” (ex.: battery, assault, defamation, negligence) = one person injuring another person (or company)•On purpose or negligently•Resulting in an injury (to a person or her property)•Why we need tort law•No specific relationship between wrongdoer and victim needed (≠ contract law)•in violation of a duty imposed by the civil law (≠ criminal law)Example: Tort or Crime•Keith is driving while intoxicated. He swerves into the wrong lane and causes an accident, seriously injuring Marta.•Is this a tort or a crime?•Who can sue/prosecute Keith?•Could there be a civil suit and a criminal prosecution at the same time?•What is/are likely outcomes?Intentional vs. Unintentional Torts•Intent •= deliberate action, i.e. an intention to perform the act which caused the injury•does not require an intent to harm the other person •Unintentional Torts•Negligence•Strict liability •Intentional Torts•Different categories of intentional torts (see following slides)Battery and AssaultpAssault is an action that causes the victim to fear an imminent battery.•Action•Fear•Of battery (see elements above)•Assault can occur without the battery ever happening.pBattery is a touching of another person in a way that is unwanted or offensive.•An act by the defendant•Unwanted or offensive physical contact (does not need to hurt)•Intention to perform the act (even if the injury is unintentional)DefamationFalse statement that harms another’s reputation. http://www.youtube.com/watch?v=ARp5zCnNni4#t=121 •Libel = Written defamation •Slander = Verbal defamationElements of Defamation•Defamatory statement•Falseness•Communicated to another person than the plaintiff•InjuryInjury in Defamation CasesInjuryInjurySlanderOral defamationSlanderOral defamationPlaintiff must show injuryPlaintiff must show injuryLibelWritten defamationLibelWritten defamationPlaintiff does not need to show injuryPlaintiff does not need to show injurySlander per se Oral defamation involving false statements about sexual behavior, crimes, contagious diseases, professional abilities Slander per se Oral defamation involving false statements about sexual behavior, crimes, contagious diseases, professional abilitiesDefamation - Defenses•Opinion•Vague terms in the statement usually indicate it is an opinion, not a provable fact.•Extreme exaggerations are usually not taken as fact.•Public Personalities•Public officials (police and politicians) and public figures (movie stars and other celebrities) •Public personalities have a harder time winning a defamation case because they have to prove that the defendant acted with actual malice (defendant knew that statement was false, or acted with reckless disregard of the truth).Defamation ExampleFew Internet users realize they can be sued for their online postings. “....Sadly, the Building is (newly) owned and occupied by a sociopathic narcissist—who celebrates making the lives of tenants hell. Of the 16 mostly-long-term tenants who lived in the Building when the new owners moved in, the new owners’ noise, intrusions, and other abhorrent behaviors (likely) contributed to the death of three tenants (Pat, Mary, & John), and the departure of eight more (units 1001, 902, 802, 801, 702, 701, 602, 502) in very short order. Notice how they cleared-out all the upper-floor units, so they could charge higher rents?” Note: Two out of the three allegedly dead tenants were actually alive.Excerpt from a “Yelp” post about a rental property on Nob Hill, San Francisco, which gave rise to an actual lawsuit, available at:http://www.forbes.com/sites/ericgoldman/2013/08/12/blasting-your-landlord-online-pick-your-words-wisely/?partner=yahootixFalse ImprisonmentThe restraint of someone against their will and without reasonable cause.•Restraint•Against will•Without reasonable cause•Or for an unreasonable long duration or in an unreasonable manner•Example: http://www.businessinsider.com/woman-claims-walmart-workers-tore-up-her-100-bills-during-a-christmas-shopping-trip-2012-10False Imprisonment Example•Read more: http://www.businessinsider.com/woman-claims-walmart-workers-tore-up-her-100-bills-during-a-christmas-shopping-trip-2012-10 •Read the complaint here: http://www.courthousenews.com/2012/09/13/WalMart.pdf Ms. Garcia was on a Christmas shopping trip for her children in 2010 when a cashier took her $100 bill, decided it was fake and tore it in half before bothering to check it with a counterfeit detection pen. Garcia protested and a manager came over. She offered to pay with another $ 100 bill. The manager tested it with a detection pen, but though the pen did not reveal a counterfeit, also tore the second bill in half and called the police. The manager then made Garcia wait for two hours at the front of the store for police to arrive, in full view of other customers. When an officer finally showed up, he quickly confirmed that the bills were real and made the manager replace Garcia’s money — but not before the Walmart employee tried to return the already-torn bills instead.False imprisonment?Intentional Infliction of Emotional Distress •Historically, no recovery was allowed if the injury was only emotional instead of physical.•Today, most courts allow a plaintiff to recover from a defendant who intentionally causes emotional injury.•Behavior causing injury must be extreme and outrageous.•Must have caused serious emotional harm.•Intent (some courts allow recovery for emotional injury caused by negligent)DamagesDamages = MoneyDamages = MoneyCompensatory damagesCompensatory damagesRestore plaintiff in the position he was in before injury happenedRestore plaintiff in the position he was in before injury happenedMedical expensesMedical expensesLost wages, past and future (single recovery principle)Lost wages, past and future (single recovery principle)Pain and sufferingPain and suffering Punitive damages


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UConn BLAW 3175 - PPT chapter 5

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